questions & answers

Question: My renter has missed 2 months rent and has said in writing that she will be out by the 1st of next month. She has not been truthful with me on many other issues so I can not b sure. Should I proceed with an eviction notice? If so how long does eviction take? Please advise. Thanks

Answer: A landlord whose tenant has failed to pay rent is within their rights to seek the eviction of that tenant. Here in Arizona an eviction is called a “special detainer” action. A landlord who wishes to commence a special detainer action against a tenant for non-payment of rent must deliver to the tenant (either by hand or by registered or certified mail) a signed and dated letter specifying that the tenant has five days to pay the rent or eviction proceedings will begin (A.R.S. § 33-1368(B)). If, even after the tenant has received this written notice from the landlord, the tenant does not either (a) pay all rent that is owed or (b) immediately vacate the rental unit, then the landlord may begin the special detainer process by filing a complaint with the justice court (if the amount in dispute is $10,000 or less) or superior court in the county in which the rental unit is located. Once this has happened, the tenant will receive a copy of the complaint and a summons informing the tenant of the date on which the special detainer hearing will take place. At the hearing, a judge will decide whether or not the tenant will be evicted. This process does not always happen quickly, but a landlord who is concerned that a tenant who is not paying rent may never vacate the rental unit voluntarily would likely be well-served by getting the process underway.